Patent Interference No. 103,812 Similarly, Dr. Rosenquist explains (RR, p. 9, paragraph 11): If the hindered phenolic hydroxy group had been reacting with the polycarbonate, the product 5249-58 would have been a difunctional comonomer, with the hydroxyl group reacting with a chloro of the phosgene and the carboxyl group reacting with an hydroxyl of the bis-phenol A, to form a polyester polycarbonate. Therefore, no endcapping function would have been available, and the molecular weight of the polymers would all have been many fold higher than shown above in paragraph 10 [wherein the data from page 305 of Dr. Rosenquist's laboratory notebook is said to have been reproduced]. Rosenquist does not provide a factual basis for this conclusion. See In re Brandstadter, 484 F.2d 1395, 1406, 179 USPQ 286, 294 (CCPA 1973) ("the affidavits fail in their purpose since they recite conclusions and few facts to buttress said conclusions"); Rohm and Haas Co. v. Brotech Corp., 127 F.3d 1089, 1092, 44 USPQ2d 1459, 1462 (Fed. Cir. 1997) ("Nothing in the rules or in our jurisprudence requires the fact finder to credit the unsupported assertions of an expert witness."); see also In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965) (arguments in the brief do not take the place of evidence in the record). In any event, Rosenquist's argument is not persuasive. It appears that the benzotriazole compounds disclosed in Narita et al., which perform an endcapping function by binding with the polycarbonate through the hydroxyl group of the benzotriazole compound, have hindered hydroxyl groups. See RX 2, col. 3, lines 20-39. Therefore, based on the record before us, Rosenquist has failed to establish, by a preponderance of the evidence, that an ester linkage within the scope of the count would necessarily have been formed between the condensation product and the "5249-58" product. 15Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 3, 2007